How To Understand The Difference Between Male And Female Crime

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1 ISSN: (Print) ISSN: (Online) ANALYSIS OF THOUGHT FOUNDATIONS AND THE RESULTS OF FEMINISM MOVEMENT IN THE FIELD OF CRIMINOLOGY ZAHRA AHANGARI 1 Department of Criminal and Law Criminology, Islamic Azad University of Qom Branch, Qom, Iran ABSTRACT At first, Feminism was appeared in order to administer women's such social rights as voting, ownership, and inheritance rights and etc. After falling of men-leading society, females could take their rights and found the idea of negation of differences; and then these trends appeared in the form of political movement and found their ways into various sciences. In the field of criminology, effects of the factor of sexuality in committing a crime and the method of confronting for that demands another discussion; so that criminal statistics show that although females at the moment have had prominent and active presence in economical and social field, and have increased their criminal level in a few last decades, in comparison to males, they have committed less crimes; and their crimes are less important, so this case can be illustrate regarding ideas of Feminism movements. KEYWORDS: THE CONCEPT OF FEMINISM The word "Feminism" is taken from the stem of "Femina" which means woman or female. This word was applied since 19 th century as a term for what was called female's movement in Europe and America. The word has translated as to take the part of females, Female's freedom movement, to trend to female and to consider female's ideas in Farsi Language [7]. Since Feminism is a new idea, there are different opinions about its early applications. It has been said that the word "Feminism" had been used in 1871 for the first time in a medical text to describe a kind of sexuality disorder in males who have some womanish manners. At the same time, a French writer used this word to describe the females who behave like as males. Nowadays, the term "Feminism" is a mental perspective and have various branches. Its foundation is based on description of the origins of oppression to females and its solutions Feminists believe that females are a half part of society who have been oppressed. The most important descriptions about Feminism are [7]: 1. Feminism is a recommendation based on the equalization of females and males rights in the social, political, economical and cultural fields. 2. Feminism is an organized movement to find the opportunity of female's rights in various fields. 3. Feminism is formalization of female's needs in the society as a group and of opinions provided by females. 4. Feminism is a recommendation which emphasize on the necessity of occurring some extensive changes in order to increase female's power CHARACTERISTICS OF FEMINISM VIEW 1. Sexuality is not considered as a natural reality, but it is a complicated social, historical and cultural result. 2. Sexual relationship and male's and female's structures are not symmetrical; it is based on a form of social organization which insures male's superiority and their social, political and economical domination to females. 3. Educational and informative systems reflect male leaded view of society. 4. Some conditions should be provided in which females move from margin of society to its context and take some authorities like as Male's [9]. Social context of Feminism formation Four undulation have been supposed on the social context of feminism formation, which are: 1. First undulation of feminism: This undulation began from the early 19 th century and continued to 1920, the period during which female's right to vote was approved in America. The most important characteristics of this undulation was to find the opportunity of equalization of political and civil rights for males and females. The most significant result of that was female's obtaining right to vote in most of western countries [3]. 1 Corresponding author

2 2. Second undulation of Feminism: Second undulation of Feminism appeared in seventh decade of 20 th century together with the formation of a social honored movement. This movement could provide some cases to the public through outstanding two delicate points: Firstly, female's sexuality being oppressed and some other crimes and abuses which have of ten affected this group [13]. This undulation was leaded by French Simon Dubuar; and demanded equalization of female's and male's rights in social, mental and cultural fields which was done through sloganeering females without males. This was a period during which, Feminists tried to intensify this undulation by emphasis on singleness, denying marriage, encouraging females to behave like as males and to join economical exercises. 3. Third undulation of Feminism: From 1970 to 1990 western world came back to the traditional roles and family; and intense movements of second undulation of feminism decreased, because extravagance in female's male-like behaviors had so negative effects for females. In fact, increased violence among family members and in work place, and lack of sexual safety were some results of the period. The feminists of third undulation considers the culture of male-leading as the origin of oppression to females through disapproving this culture; and believes that in order to solve this problem, every one should perceive the world from female's perspective and also provide a feminist description from the world. 4. Fourth undulation of Feminism: The new undulation is a critical course toward unrestrained ness in sexual relationship and inattention to responsibility and maintaining boundaries of these relations. This course is to take a direction is Feminism movement which consider generosity more important than rights. The course supports females and at the same time looks at the sexual criteria from a different view [1]. HISTORY AND PLACE OF FEMINISM IN CRIMINOLOGY Placement of Feminism is not clear in the field of criminology. Criminology which is the science of studying reason of occurring various crimes is a kind of complicated science which is placed at the crossroad of other sciences and uses them in considering criminal phenomenon. Criminology is an experimental course whose studying is through inducting. However, Criminology has taken a new form of theoretical after appearing Marksist, Radical and critical schools [6]. An arise question within the field is that, com we join the movement of supporting females rights or feminist theories together with such experiential sciences as criminology? Although such Feminist's claims as low levels of female's crimes, are based on experience and statistics, this claim is just a mean for feminists to obtain their goals. Thus, Feminists have not an acceptable condition within the field of experiential criminology. Since Feminist theorists are trying to change female's present situation within the field of criminology and penal code, so one can allocate a place for this kind of Feminist thoughts and exercises within the field of critical criminology [6]. Effects of Feminist ideas on criminology about protection of female and her rights, appeared as "experimentalist Feminism" in the early 20 th century. This group believed that females are absent in the researches of criminology, and in fact, Criminology is a male- leading science. Thus, in consideration of crimes, just males are attended. Regarding done studies on criminated females, experiential Feminists tried to remove females from marginal researches and make criminology impartial [5]. Feminist criminology developed in the mid 70 th decade by Adler's "Guilty sisters" and Simon s "Females and crimes" and "Smart". Development of feminism criminology moves critical feminism in to a new stage in which some coherent and hopefully important ideas began to shape [6]. VARIOUS TRENDS OF FEMINISM During two past decades, there have been a huge amount of literature which provide feminist views of crimes. However, until now, there have not been a unique feminist criminology. There are different results on the question how we can extend a concept which is sensitive to sexuality and various solutions for studying crimes and justice. Some of them are: [14].

3 Liberal Feminism Probably, the first Feminist view of criminology, Liberal Feminism, is concentrated on female's sexual discrimination and their liberty. The public belief was that females deserve same behavior within penal code. The key base of liberal analysis was made by such concepts as father- leading or maleness [14]. The solutions of liberal feminism changed to the most important component of society; and discussed about people's rights, values, credits and liberties. The most prominent characteristic of this view, is its follower's concentration on necessity of valuing logic and reason, not on the matter that there should not be any discrimination against a particular one. Thus, liberal Feminists are trying to transform existing law in a way that females equal rights can be insured [13]. Marksist Feminism Marksist Feminists believe that the origin of male's prevailing is within the fact that males are the owners of instruments of economical production and its controllers; in other words, Marksist Feminism jones father leading to capitalism economic organization. This organizing leads to a sexual distribution of jobs in which males control economy and females serve them and meet their sexual needs. Marksist Feminists have an instrumental perspective to penal code and describe it as male's direct mean of oppression. They believe that female's contempt and nervousness which is resulted in limited social roles, will lead to crimes [10]. Radical Feminism According to this branch of feminism, male's prevailing of father- leading is the main factor of female's being oppressed. Since Radical Feminists have a negative mentality toward male, they consider males and females equal rights as if their similarization, and also believe that this will lead to female's following or imitation from males. Thus, in order to improve female's conditions, existing male- leading position should be put away. To consider male's violence from physical, verbal and mental point of view is very significant within this perspective [6]. Socialist Feminism Socialist Feminism is trying to clarify oppression to female as a characteristic of male leading capitalism system through unifying the principles of Marksim and extremist Feminism. This branch of Feminism considers criminality as a result of a base- level system and its discussions of females criminality of ten lead to financial penalties. Social distributions of crime are origined from its relations to both production course and generation course of family. Both courses are important equally [14]. Cultural Feminism The process of cultural Feminism has selected a special form of female- oriented analysis which does of ten not join to other special political or economical programs. Attention of the process is on the one hand toward the formation and development a culture special to females and on the other hand toward particular existence of relations which there are among female within society and other positions like that. Cultural Feminists are going to demonstrate some characteristics special to sexuality; and in fact they are female's some positive characteristics [13]. These positive characteristics of females make them to be behavioristic and mentally better than males, on the other hand, such male's characteristics as violence and selfishness are some continued dangers to females, so in order to solve this problem, females have to release themselves from male's society and their power and domination [6]. THEORETICAL FOUNDATION OF FEMALE'S CRIMES Although various Feminist views have shared principles and bases, they are different in describing criminality. Various foundations of Feminist views are: The view based on the theory of control- power Some followers of this view believe that base of social behavior is shaped within the context of family; so, power and domination of males and being controlled by them within male- leading families as the most important components of family relations, are determinant factors of male's and female's social behaviors [11]. Hagen claims that association among family members is defined according to sexuality, but difference of levels of social associations based on sexuality, but difference of levels of social associations based on sexuality within families is the reason of different levels of boy's and girl's criminality [11]. A shortage of Hagen s theory is its bounded definition of family control and domination which is limited to controlling children within the context of family. Additionally, field studies do not con firm such

4 theories. This theory also neglects the effects of economic factors on girls criminality [11]. The view based on female's poverty, being crimed and crimes According to criminologist's economical conditions, poverty and joblessness can not be considered as direct factors of criminality, they can just cause criminality indirectly. Unemployment acts as a motivating factor. Long term unemployment creates a feeling of hate toward active society in some people's mental [2]. Referring to the relationship between female's economic conditions and their criminality levels, some feminist criminologist claim that although there are limited opportunities for females to commit a crime, during past years, the level of females committing such crime, as robbery from shops, giving incredible cheques and to cheat in credit cards has increased. According to the mentioned studies, the females who commit such crimes, include young, poor females, or ones who have been defeated in educational field, or unmarried mothers [11]. FEMALE'S CRIMES AND CRIMINALITIES The first modern views of base sexuality in criminology have more tried to describe female's criminality than to provide a general solution to sexuality in the field of criminology. Since there has not been a general description of female's criminality, these views have been accepted widely. In the late 1960, after appearing Feminist movement, social observers began to follow occurred changes in female's roles in society. In the mid 1970, occurrence of fundamental transformations clarified; and two criminologist, Adler and Simon, suggested their new theory on female's criminality [14]. In his book, "Guilty Sisters", Adler describe the reason of appearing guilty females as: because females have gone away from their traditional social roles which is house keeping, and have moved to the world of competition market which in general has mannish nature [14]. In his book titled as "females and crimes", Simon in contrary to Adler has not accepted the effects of females manly behaviors on increase of level of their criminalities; and also claims that by moving away from their limited, traditional roles, females have encountered various opportunities for committing crimes [14]. Female's crimes have special characteristics, including: 1. Female's low levels and portions in criminal phenomenon. 2. Specialty of females crimes such as miscarriage, killing infants, and prostitution etc. 3. Female's inclinations to assistance in committing a crime. 4. Low level of guilty female's repeating of crime [9]. Regarding low level of female's criminality, it seems that there is a considerable distance between their clarified and unclarified crimes. But criminal statistics show a low level of crimes done by females, and Lombrouz believes that: Females have not criminal prestige. Polak claims that, in formal statistics, the levels of female's criminality have been recorded lower than its real form; and it is resulted from official's performances such as police officers or judges. Although females do crimes less than males, their crimes of ten do not been reported [9]. FEMINISM'S SOLUTIONS In the field of female s being oppressed, Feminists try to consider in separated form which is deserve to female's personalities, to support them in all judgment procedures, and to reform their own rules. Considering female's rights, two suggestion of "equality" and "trans formation" have been provided by feminists. The suggestion of "equality" focuses on caring about real equality for females and no fanatical behaviors toward action according to law. The suggestion of "transformation" is provided by Radicals. From their point of view, removing differences in reforming law will lead to falling, for they do not object to general concepts of law which insure male's criteria. In contrary to transformation suggestion, the reformation or equality one was attended in most of the countries and international documents [5]. THEORETICAL REVERSE OF FEMINISM VIEWS Theoretical base reversing in all Feminism views of discrimination refer to some points: The first one is resulted from liberal and capitalism system of west; in fact it is a reaction to their cultural and social conditions, and its regeneration of cognitive, moral and social blindness in the field of theorizing about females problems. It's clear that such

5 theories are not placed within philosophical, anthropological or even historical frame works of mentality which is observer of female's existence in comparison to males [1]. The second one is related to mental and cultural bases; a space in which, all of these theories are. The feminists who discuss about female's unimportant placement and old, historical oppression toward them in fact do a value judgment and necessarily, their placement and evaluation criterions can involved critical questions. If their judgment is affected by some particular structural and cultural conditions, and be internally, a backstructured theory, thus it can not provide a general idea and related to female's sexuality in all cultures. But if it is based on Radical or liberal essence orientedness, with which criterion, female's placement and inherent characteristics can be divided into low, equal or high? [1]. FEMINISM IDEA IN IRAN After constitutional re public in Iran, Feminist ideas appeared not in the form of feminism, but- in the form of the necessity of doing reforms in such cases as to control multi-wifeness, female's education, and like that, and of course, some of them were necessary, But the reforms were conducted in a level of enlightened females in the form of the view of equality of males and females after constitutional republic. Now, three feminist movement can be recognized in Iran; 1. Left- inclineds. 2. Enlighteneds and 3. The movement of protection of female's rights, each of which consider equality of male's and female's rights and trans formation of female's existing positions in Iran in a particular way [7]. PLACEMENT OF CONCLUSIONS OF FEMINISM CRIMINOLOGIST WITHIN PENAL SYSTEM OF IRAN Here, some effects of feminism thoughts on the penal system of Iran are presented. To protect pregnant women against beating and hurting In article 622 in Islamic punishment law 1357, legislator protect pregnant women, according to which, every one who commit this crime, in addition to paying blood- money, should be condemned from one to three years, regarding the level of his crime. There are some differences about this case among lawyers. This article, in fact, protects more fetus than mother. The approved law of 1392 in Article 306, ended this dispute and stated that in the case of intentional crimes on fetus, retaliation is not necessary. In this case, in addition to paying blood money, Perpetrator will be condemned according to fifth book of "Taazirat" [3]. To protect females against sexual transgression According to part "T" of Article 224 of Islamic punishment law which was approved in 13, 2, the punishment of committing adultery with force is an adulterers execution. This judgment, formerly was stated in part "D" of Article 82 of Islamic punishment law which was approved in 1370, but there were some disagreements about the rule, because this was not so clear that whether in some cases in which adulterer make anaesthetize a female by injection of drugs, or when committing adultery with an unadult one, this kinds of committing is considered as forced form of adultery? 27 th branch of high court of the country, in counsel number , announced the injection or drugs to misdemeanant one and committing adultery to her as a forcement, and thus, this new rule is considered one on other protection of females [3]. Conclusion: The relation between criminology and Feminism is a complementary one. Both criminology and Feminism are trying to reform rules in order to improve female's conditions criminologist tries to do that through consideration of causes of occurring crimes, and evaluation of the rules of penal justice system, while feminism do that through providing the deficiencies of rules in the field of female's rights. But this improvement will not achieved just through reformation of low. At first, in order to achieve a better and equal placement to males, females should accept the idea in their mentality and then move these transformations in to other's mentality, It can be said that in the field of criminology, to commit a crime is not special group of society. Like males, females commit crimes, but because of their crime specialty or being unimportant, their crimes would not be discovered. In the case of females being misdemeanoured such as committing adultery and like that, because of specialty of the case, they of ten do not consider that. These factors cause to female's crimes seem less than males. Thus, it seems that the relation ship between criminology and feminism in the direction of reformation of punishment and penal policy should be transformed. In fact criminology is the linking station of feminism and penal legislator and penal justice system.

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